DEV RAJ Vs. SATYA DEVI

JUDGEMENT

(1.) DEFENDANT No. 1-Dev Raj, having lost before both the Courts below, has approached this Court through the present regular second appeal. The plaintiffs filed a suit for declaration to the effect that they are owners and in proprietary possession in equal shares of the land measuring 38 kanals 5 marlas being half share of the total land measuring 76 kanals 10 marlas and that the sale of the suit land vide sale-deed dated June 24, 1982 in favour of defendant No. 1 on behalf of defendant Nos. 2 and 3 is illegal and not binding upon the rights of the plaintiffs.

(2.) THE facts which emerge from the record show that the land in dispute was originally owned by one Amir Hassan. The aforesaid Amir Hassan expired on October 30, 1982. At the time of death of Amir Hassan, Dev Raj was tenant on the disputed land. After the death of Amir Hassan, sale-deed dated June 24, 1982 was executed by defendant Nos. 2 and 3, namely, Natho Begum and Smt. Musarrat Begum, his legal representatives. On the basis of the aforesaid sale-deed, defendant No. 1 started proclaiming that he has become owner of the suit land.

(3.) THE suit was contested by defendant No. 1. He denied the existence of any sale-deed dated July 10, 1980 in favour of the plaintiffs. He also denied that any valid General Power of Attorney had been executed by Amir Hassan in favour of Daud Ali on December 15, 1978. He also claimed that since there was no entry in the revenue record, therefore, he was purchaser of the suit land for consideration and as such was protected in law.